“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. (more…)
Why Do Liability Releases Sometimes Fail? (Part 2)
“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. Part one of this two-part series explored the three main reasons why releases of liability have been known to fail over the years. This part, which concludes the series, offers some simple suggestions to help those who use releases make them more likely to be enforced. (more…)
Do You Understand Your Equine Insurance? (Part 2)
When it comes to equine-related insurance, misconceptions have plagued the horse industry for years. Most people do not understand what they bought, what they need, whether they have the coverage they think they do, and how to keep their coverage intact. Insurance is an important and expensive purchase. Part One of this series explored some common misconceptions regarding equine-related insurance. Part Two, the conclusion, addresses misconceptions and provides practical suggestions for avoiding misunderstandings and disputes. (more…)
Do You Understand Your Equine Insurance? (Part 1)
When it comes to equine-related insurance, misconceptions have plagued the horse industry for years. Most people do not understand what they bought, what they need, whether they have the coverage they think they do, and how to keep their coverage intact. Insurance is a very important purchase. With so much at stake, can you really afford to relay on misunderstandings? (more…)
The Liability of Volunteers
Volunteers are the life blood of the horse industry. They make things work. They help run horse shows, handicapped riding programs, association, 4-H groups, scouting groups, pony clubs, humane societies, and more. Their assistance helps groups perform worthwhile activities smoothly and within budget. (more…)
Are Your Contracts Fine-Tuned? Part 2
Do you really believe that you have the “perfect” contracts for your equine activities? Do you believe that your contracts adequately account for the unique requirements of your state’s law? This conclusion of the two-part series covers more details to consider for “fine-tuning” contracts used in equine-related activities and transactions. (more…)
Are Your Contracts Fine-Tuned? Part 1
Do you really believe that you have the “perfect” contracts for your equine activities? Do you believe that your contracts adequately account for the unique requirements of your state’s law? The following is a general review of ten details to consider in an effort to “fine-tune” a variety of contracts used in equine-related businesses and activities. (more…)
Achieving Positive Trainer / Customer Relationships
What do horse trainers and automobile mechanics have in common? Nothing. Cars can be fixed, but some horses seem virtually impossible to break. Mechanics usually can estimate the time and cost needed to restore a car to good performance, but few horse trainers can estimate how much time it will take to turn a horse into a polished performance prospect. have you ever heard of a “six month/6,000 mile warranty” from a horse trainer? (more…)
There are Alternatives to the High Cost of a Lawyer
You know you have a case. Someone has refused to refund your deposit of $2,500 on a horse you planned to buy. The case, you believe, is strong. After all, the purchase agreement both of you signed had language requiring the seller to refund your deposit if the horse failed a pre-purchase exam. And fail he did. You need the $2,500 refund, but you realize that the cost of a lawyer would likely exceed this amount. Are there other options available within your budget? (more…)
Is Someone Liable for a Defective Product?
The fly repellent product on the tack store shelf caught your eye with irresistible promises: “Guaranteed Fly Protection for Horses,” and “100% Safe — Will Not Harm You or Your Horse.” This product, you thought, can’t fail. You bought it and tried it immediately. But fail it did. Just minutes after applying the fly repellent to your horse’s glistening coat, you noticed that the flies were gone — but so was your horse’s coat. The fly repellent also blistered your hands severely. This terrible ordeal forced you to spend considerable sums of money on veterinary bills and doctor bills, and you lost several days of work. Can someone be liable for what happened? (more…)